Citation: [2026] EWHC 1522 (TCC)
The underlying dispute related to an abandoned hotel development project. The claimant sought in excess of £180 million against the defendant in deceit.
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Reported Cases
Lloyds Developments Ltd v Accor Hotel Services UK Ltd
20 May 2025
Deerns UK Ltd v VDC LHR11 Ltd
23 June 2026
Citation: [2026] EWHC 1509 (TCC)
Samuel Townend KC appeared for the successful Claimant in a Part 8 trial concerning whether an engineering consultancy agreement made adequate provision for the final date for payment as required by s.110(1)(b) of the Housing Grants, Construction and Regeneration Act 1996 and, if not, paragraph 8 of Part II of the Scheme for Construction Contracts was to apply. In those circumstances two pay less notices served by the employer were out of time and the notified sums had to be paid.The trial additionally concerned the Defendant employer’s argument that there was a statutorily compliant estoppel by convention, the existence of which case meant that the matter was not appropriate for Part 8 and that full Part 7 case management to trial was required. In the alternative, that a stay of enforcement should apply given the Claimant’s financial position.Eyre J. decided in favour of the Claimant in all respects.You can read the full judgment here.
Counsel
Mulalley & Co. Ltd v Sto Ltd & Sto SE & Co. KGaA
22 June 2026
Citation: [2026] EWHC 1552 (TCC)
In this Judgment, the Court determined the amount the Claimant was entitled to following a default judgment on liability for damages to be assessed. Importantly, that liability was for a building liability order ("BLO") under section 130 of the Building Safety Act 2022 (“BSA”) of Sto Germany for a contribution in respect of its UK subsidiary’s liability for defective cladding products under section 149 of the BSA.This is the first reported judgment in which:The Court has made a BLO by default judgment.The Court has had to assess the respective “just and equitable” contribution for a cladding produce supplier and a design and build contract.The Court held that the cladding product supplier was 87.5% responsible.James Frampton acted for the Claimant, instructed by Charles Russell Speechlys LLP. The Second Defendant did not take part in the proceedings.You can read the full judgment here. This case also appeared in several news outlets and publications, including:Construction EnquirerInside HousingHousing TodayBuilding & DesignCharles Russell Speechlys
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